In lieu of an abstract, here is a brief excerpt of the content:Late-Marxist, Post-Poststructuralist Critical NebulosityWendell V. HarrisIllustration, by J. Hillis Miller; 168 pp. Cambridge: Harvard University Press, 1992, $35.00.The title of J. Hillis Miller’s Illustration is apt in a way other than the author anticipated: it is a composite illustration of most of what makes so much of contemporary literary and aesthetic criticism unsatisfying if not nugatory. Initial evidence of the lack of cogent conceptualization is the disparateness of the (...) two long essays jammed between the covers of the book. Part One is entitled “The Work of Cultural Criticism in the Age of Digital Reproduction” and Part Two “Word and Image.” Miller explains the relationship by saying what while the first section of the book “will attempt to understand” the shift in literary studies toward theory and especially cultural studies, the second section “will explore the relations of picture to word as one practical and theoretical issue important to cultural studies” (p. 9). But that connection is (fleetingly) asserted in the midst of an argument so fragmented and confused that whole sections must here be passed over without comment.What is most striking about Part One is the thought-disabling imprecision of many of the key terms and the not unrelated way in which the argument follows well-travelled modes of Marxist and poststructuralist thought. The title of Part One, “The Work of Cultural Criticism in the Age of Digital Reproduction,” is of course intended to [End Page 127] link Miller’s first essay to what is probably the best-known of Walter Benjamin’s essays, “The Work of Art in the Age of Mechanical Reproduction.” Both seek not only to link changing technological possibilities to the direction of cultural change, but to suggest that such changes should be harnessed to the work of political revolution. Miller might have been warned by the deficiencies of Benjamin’s over-rated essay. Benjamin begins his essay by applauding Marx for so cogently showing “what could be expected of capitalism in the future”: the prophecy Benjamin derives from Marx is “that one could expect [capitalism] not only to exploit the proletariat with increasing intensity, but ultimately to create conditions which would make it possible to abolish capitalism itself” (p. 217). 1 There is still plenty of exploitation to be found in the world, not excluding the most economically (capitalistically) developed countries, but it requires real intellectual contortions to argue that the growth and exploitation of a proletariat has increased where capitalism has most developed; the assertion that the world is moving toward the abolition of capitalism hardly requires comment.Benjamin’s closing argument, the point toward which his entire essay is presumably driving, substitutes a clever slogan for thought. “The logical result of Fascism is the introduction of aesthetics into political life” (p. 241). But, writes Benjamin in his closing sentence, “Communism responds by politicizing art” (p. 242). Miller attempts to explain the distinction: “To aestheticize politics is to treat the state as though it were a work of art” while the “politicizing of art... means affirming the political value and force of art” (p. 10). Well, it is of course possible to assume such a meaning for Benjamin’s words, especially since it is hard to know exactly what they mean, but why make so much of an essay which begins by endorsing a prophecy that has become increasingly dubious, ends in an ambiguous formulation, and in between mixes obvious and trivial observations with a highly questionable argument about the disappearance of the “aura” of a work as a result of mechanical reproduction? As for the latter, the cheap reproduction of, for example, certain of Van Gogh’s paintings can be argued to “debase” them, but if they mean little to those who encounter them only on cheap posters or computer screens, they can scarcely mean less than they did to those unaware of their existence before the age of mechanical reproduction. And after all, if the original paintings have not retained their “aura,” museums could simply fill their rooms with reproductions.The reason Miller links his essay to that of Benjamin is presumably to demonstrate his allegiance to the form of Marxist thought so frequently... (shrink)

This study aims to describe social network and social participation and to assess associations with depressive symptoms in older persons with increased risk for dementia in Germany. We conducted a cross-sectional observational study in primary care patients (aged 60-77) as part of a multicenter cluster-randomized controlled trial (AgeWell.de). We present descriptive and multivariate analyses for social networks (Lubben Social Network Scale and subscales) and social participation (item list of social activities) and analyze associations of these variables with depressive symptoms (Geriatric (...) Depression Scale). Of 1030 included patients, 17.2% were at risk for social isolation (Lubben Social Network Scale < 12). Looking at the subscales, a reduced non-family network was found almost twice as often as a reduced family network. Patients with depressive symptoms had significantly smaller social networks than patients without depression (p < 0.001). They rather engaged in social activities of low involvement level or no weekly social activity at all (p < 0.001). The study shows associations of depressive symptoms with a decreased social network and less social participation in elderly participants. Sufficient non-family contacts and weekly social activities seem to play an important role in mental health and should be encouraged in elderly primary care patients. (shrink)

O texto apresentado a seguir é uma traduçáo da conferência intitulada “The Burden and Blessing of Mortality” ( The Hastings Center Report , 22, n. 1, jan-fev. 1992, p. 34-40), que foi apresentada à Fundaçáo do Palácio Real [The Royal Palace Foundation], em Amsterdam, no dia 19 de março de 1991. Esta conferência foi traduzida para o alemáo por Reinhard Löw e revisada pelo próprio Jonas, aparecendo com o título “Last und Segen der Sterblichkeit” em Scheidewege 21, 1991/92, p. 26-40, (...) e mais tarde em um livro do próprio Jonas: Philosophische Untersuchungen und metaphysische Vermutungen [Investigações Filosóficas e Suposições Metafísicas] . Frankfurt am Main: Insel Verlag, 1992, p. 81-100. Por sua vez, o texto original, em inglês, veio ainda a fazer parte de uma coletânea de ensaios de Jonas, editada por Lawrence Vogel ( Mortality and Morality : a search for good after Auschwits. Ed. Lawrence Vogel. Evanston, Illinois: Northwestern University Press, 1996, p. 87-97). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Shimmering Maya and Other EssaysPatrick HenryThe Shimmering Maya and Other Essays, by Catharine Savage Brosman; 149 pp. Baton Rouge: Louisiana State University Press, 1994, $24.94.When the author was fifteen, she held the rank of “prospector” at Girl Scout Camp. Now, over forty years later, she is “digging down through the layers, sifting through the running stream of memory” (p. 14). Her art of prospecting affords the reader (...) a linear impression of a journey that begins with “The Shimmering Maya,” a recountal of a family move in August 1944 from Colorado to South Texas. “Desert Silvery Blue” describes life in Alpine, Texas, while “Leaving for Good” narrates her experience of displacement as she departs Alpine in 1951 to attend Rice Institute, known then as “the atheist school” (p. 37). From Alpine to Houston, she experiences the greening of America and the shock of Gulf Coast humidity, “a sensation of being hit in the face and smothered” (p. 42). At Rice, she finishes her degrees, travels to France, her intellectual home, and returns, in “Cherry Time”—“Yes, Virginia, there is a Virginia” (p. 52)—to describe her life in full bloom during this relatively short but intense period, spent in and around the state of Virginia, before her permanent move to New Orleans. Two essays conclude the volume even as they bend back toward its beginning. “Winter Light” narrates the life of her grandfather, Edward Hill, newspaperman, teacher, doctor, writer, and formidable learner whom she knew only in the winter of his life but whose light illuminated her being and “whose heir I feel, or wish, myself to be” (p. 130). “Turn My Face Out to the West” recounts a recent camping trip in New Mexico but, more profoundly, a return to the Western land of her youth. Like the Anasazi and Pueblo Indians, she too was born there and, reclaiming their heritage as partly hers, extols their solar-based science, courage, sense of community, independent spirit, and love and respect for the land.Brosman paints being, however, as well as becoming. Essays six through eleven focus more centrally than the others on her habitual self: her self-portrait as teacher, scholar, poet, traveler, and traditional woman. As a teacher of language, she offers “at once an end and a means” (p. 86) and, as literature teacher, not “entertainment chiefly but the pursuit of truth” (p. 88), undogmatically attempting to elicit self-awareness without imposing a single view. [End Page 136] A traditional woman who has never felt uncomfortable around men and doesn’t consider them her enemies, Brosman thinks Women’s Studies are “regressive” (p. 84), deplores language “barbarisms” such as “chairperson” and “herstory” (p. 75), and holds for a “nongendered intellectual patrimony of arts, letters, and science” (p. 84). While she admits that it’s a miracle that all marriages don’t simply fall apart, the differences between the sexes, she argues, constitute “the whole basis for attraction” (p. 70), and she prefers her cigar-smoking husband “to men who boast about their Hollandaise sauce” (p. 70). Not interested “in valorizing only the male principle” (p. 70), she seeks “vigor of mind” in all persons and considers herself a “feminist in the cupboard,” one who operates within the family but travels freely and enjoys a rich professional life. She links herself to her Aunt Margaret and other “closet feminists” (p. 100) in her family’s history who demonstrated self-reliance and a sense of their own value, and argues, against de Beauvoir’s thesis in The Second Sex, that female work for American women of the nineteenth century did indeed, like male work, go beyond biology “to remake the world through invention (production)” (p. 102).Brosman demands a metaphysical self-consciousness that recognizes unhappiness, anguish, and disorder but concomitantly posits the good life as the synthetic unity of the mind, body, and heart. This metaphysical consciousness is deeply rooted in the physical world—we are not only in the world but of it—and in a shared sense of place and a commitment to communal enterprises. Her thought is perhaps above all characterized throughout by a sense of “grace” and the “intimation of... (shrink)

Jason Peters : Wendell Berry: Life and Work Content Type Journal Article DOI 10.1007/s10806-010-9291-1 Authors Jacob Jones, Department of Religion, University of Florida, 107 Anderson Hall, P.O. Box 117410, Gainesville, FL 32611-7410, USA Journal Journal of Agricultural and Environmental Ethics Online ISSN 1573-322X Print ISSN 1187-7863.

Around the globe people are confronted daily with intransigent problems of space and place. Educators have historically called for place‐based or place‐conscious education to introduce pedagogies that will address such questions as how to develop sustainable communities and places. These calls for place‐conscious education have included liberal humanist approaches that evolved from the work of Wendell Berry (Ball & Lai, 2006) and critical place‐based approaches such as those advocated by David Gruenewald (e.g. Gruenewald, 2003a, 2003b). In this paper I (...) will propose a reconceptualized framework of place as a pedagogical practice that draws on contemporary feminist poststructural and postcolonial philosophies as a basis for an alternative place pedagogy for ‘global contemporaneity’ (Carter, 2006, p. 683). Within this reconceptualized concept of place I will outline three key principles for a reconceptualised place pedagogy: our relationship to place is constituted in stories and other representations; place learning is local and embodied; and deep place learning occurs o in a contact zone of contestation. These principles give rise to new emergent arts‐based methodologies for developing and practising place‐responsive pedagogies. (shrink)

Originally published in 1969. This book explains what is wrong with the traditional methodology of "inductive" reasoning and shows that the alternative scheme of reasoning associated with Whewell, Pierce and Popper can give the scientist a useful insight into the way he thinks.

In lieu of an abstract, here is a brief excerpt of the content:GENDER AND THE PRIESTHOOD OF CHRIST: A THEOLOGICAL REFLECTION BENEDICT M. ASHLEY, 0.P. Aquinas Institute of Theology St. Louis, Missouri I. Does "Patriarchy" Explain the Tradition? HE CONGREGATION for the Doctrine of the Faith, n its 1976 Declaration on the Question of the Admission f Wonien to the Ministerial Priesthood, based its negative response primarily on tradition.1 For many this argument 1 Inter Insigniores (Oct. 15, 1976, AAS 69 (...) [1977]), Origins 6, 33 (Feb. 3, 1977) : 518-531. For a general bibliography on women's studies see Patricia K. Ballou, Women: A Bibliography of Bibliographies, 2nd ed. (Boston: G. K. Hall, 1986). For select bibliography pro and con on the present topic see note 92, p. 560 of my Theologies of the Body: Humanist and Christian (St. Louis: Pope John Center, 1985) and Wendell E. Langley, S.J. and Rosemary J ermann, " Women and the ministerial priesthood: An annotated bibliography," Theology Digest 29 :329-42 (Winter '81). Strong cases against ordination are made by Louis Bouyer, W onzan in the Church, tr. by Marilyn Techert [Epilogue by Hans Urs von Balthasar and Essay by C. S. Lewis, "Priestesses in the Church"] (San Francisco: Ignatius Press, 1979) ; Manfred Hauke, Women in the Priesthood? A Systematic Analysis in the Light of the Order of Creation and Redemption, tr. by David Kipp (San Francisco: Ignatius Press, 1988); L. Ligier, "Women and the ministerial priesthood," Origins, 7:694-702 (April 20, 1978); and Patrick Dunn, Priesthood: A Re-Examination of the Roman Catholz'.c Theology of the Presbyterate (Staten Island, NY: Alba House, 1990), pp. 173-196. Strong cases for ordination are made by Ida Raming, The Exclusion of Women from Priesthood: Divine Law or Sex Discrimination, tr. by Norman R. Adams (Meutchen, NJ: Scarecrow Press, 1976) ; Haye von der Meer, Women Priests in the Catholic Chitrch: A Theological -Historical Investigation, tr. by Arlene and Leonard Swidler (Philadelphia : Temple University Press, 1973) ; George Tavard, Woman in Christian Tradition (Notre Dame: University of Notre Dame Press, 1973) ; Karl Raimer, "Priestertum der Frau," Stimmen der Zeit, 195 :291-301 (May 1977) ; Joseph Komonchak, " Theological Questions on the Ordination of Women," Catholic Mind 75 CJan. 1977) : 13-28; Carroll Stuhlmueller, C. P., ed., Women and Priesthood: Future Directions (Collegeville, MN: Liturgical Press, 1978); and Elizabeth Schussler Fiorenza, In Memory of Her: A Feminist Theological Reconstruction of Christian Origins (New York: Crossroad, 1983). 343 344 BENEDICT Mo ASHLEY, OoPo fails to persuade" It seems obvious to them that this " tradition " merely reflects the " patriarchalism " of the Jewish and pagan milieu of the early Church" The Declaration anticipated this objection when it pointed out (a) that Jesus was counter-cultural in many respects, especially in his attitude toward women; (b) a better explanation for the tradition can be found in the reality (res) which the sacrament of ordination symbolizes, namely, that the priest acts ini persona Christi capitis ecclesiae" Thus the essential role of a Christian priest is to represent Christ present and acting in his Church as its male Head" The Congregation formulated its conclusion cautiously: "The Church, in fidelity to the example of the Lord, does not consider herself authorized to admit women to priestly ordination." 2 Thus no other opinion may be followed in practice, and if bishops or theologians raise questions about the meaning of the tradition they must not trivialize its importance nor arouse illusory expectations of change. Final judgment on the matter can only pertain to the magisterium. In what follows I will not explore the argument from tradition as such, but only the supporting argument from symbolism, in an attempt to fill in certain steps which it seems to me the Declaration passed over. Nor will I deal here with other secondary arguments against the Declaration's conclusion, particular the pragmatic argument that since Christians have a right to the Eucharist, the decline of male priestly vocations in many secularized countries justifies the ordination of women" H the Church has no power to ordain women validly, obviously that argument, however practically attractive, is beside the point2 2 Inter Insigniores, last paragraph of the Introduction. 3 The members of a local church have a " right " to the Eucharist only if they... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 25.2 (2001) 353-356 [Access article in PDF] Book Review The Metaphysical Club The Metaphysical Club, by Louis Menand; xii & 546 pp. New York: Farrar, Straus and Giroux, 2001, $27.00. "They didn't just want to keep the conversation going; they wanted to get to a better place" (p. 440). So much for the most prominent contemporary pragmatist, Richard Rorty, who remains unmentioned except in the acknowledgments. (...) That better place is participatory democracy (a phrase that does not appear in the book), which "means that everyone is equally in the game, but it also means that no one can opt out" (p. 441). The true name of the game is skeptical tolerance. There are no unquestionable duties or inalienable rights, no immutable natural laws, no absolute moral rules, no highest principles, no inherent virtues, no absolute standards, no stasis, no absolutely certain truth. There are no individual destinies, because the social comes before the individual, and the individual is embedded within and cannot exist without society. Scientific knowledge is always probabilistic, not necessarily because nature is indeterministic, but because we can never know enough to calculate its regularities if they exist. To wit, there are no Platonic Ideas or unchanging universals. All is change, nothing that happens is ever repeated, our general ideas and laws of nature are merely tools for getting along in the world. Above all, ideas do not refer to things, only to other ideas. What expedites our thinking is true. What expedites our acting is right. Whenever we act according to principle, rule, or law, we are making a bet that events will turn out the way [End Page 353] we think they will. If we keep this always in mind, we will never succumb to violence or war in the name of belief or principle. Whatever we believe, it could be otherwise. Such is a general summary of pragmatism as it has filtered down to the textbooks. It is (again befittingly) more or less accurate. The can-do American seeks out cash value in practical life.Oliver Wendell Holmes, Jr., William James, Charles Saunders Pierce, and John Dewey crafted the only indigenous philosophy that has so far been produced in America. Its roots are in Laplacean probability theory, Darwinian evolutionism, and Chauncey Wright's indeterminism. While James hoped to save a place for religion (if it works, go with it) and Pierce a place for God (he thought there had to be a designing intelligence to account for order), the pragmatic result is profoundly skeptical and secular. Neither Holmes nor Dewey thought that individuals imbedded in societies had any need of absolutes. Holmes said that people first decide on the basis of experience, then they deduce. Dewey said that people first behave commonsensically, then they rationalize.There is nothing as condensed as the above in Louis Menand's beautiful book on the ideas, personalities, and influence of Holmes, James, Pierce, and Dewey. I know of no clearer exposition of their ideas, and few biographers have made them come so alive. In particular, Menand's coverage of peripheral (but by no means insignificant) figures is very rich. He describes the development of graduate universities in America in detail from their autocratic beginnings to the institution of academic freedom as we know it today. University presidents, trustees, and administrators are presented luxuriously as the villains, and the professors gloriously as the heroes. Menand remarks with slight amazement that society bought the concept that professors were beholden to the public at large and not to the state or private university owners. He could have commented further on the fact that the concept of academic freedom has become virtually irrelevant in today's corporate research universities."It is a remarkable fact about the United States," Menand begins his book, "that it fought a civil war without undergoing a change in its form of government" (p. ix). This is a breathtaking fact, and I don't suppose Menand had any intent to explain it. "The Civil War swept away the slave civilization of the South, but it swept away almost the whole intellectual... (shrink)

Religion and the external world -- Projection, religion, and the external world -- The senses, reason and the imagination -- Realism, meaning and justification : the external world and religious belief -- Modality, projection and realism -- 'Our profound ignorance' : causal realism, and the failure to detect necessity -- Spreading the mind : projection, necessity and realism -- Into the labyrinth : persons, modality, and Hume's undoing -- Value, projection, and realism -- Gilding : projection, value and secondary qualities (...) -- The gold : good, evil, belief and desire -- The golden : relational values, realism and a moral sense. (shrink)

Around the globe people are confronted daily with intransigent problems of space and place. Educators have historically called for place-based or place-conscious education to introduce pedagogies that will address such questions as how to develop sustainable communities and places. These calls for place-conscious education have included liberal humanist approaches that evolved from the work of Wendell Berry (Ball & Lai, 2006) and critical place-based approaches such as those advocated by David Gruenewald (e.g. Gruenewald, 2003a, 2003b). In this paper I (...) will propose a reconceptualized framework of place as a pedagogical practice that draws on contemporary feminist poststructural and postcolonial philosophies as a basis for an alternative place pedagogy for 'global contemporaneity' (Carter, 2006, p. 683). Within this reconceptualized concept of place I will outline three key principles for a reconceptualised place pedagogy: our relationship to place is constituted in stories and other representations; place learning is local and embodied; and deep place learning occurs in a contact zone of contestation. These principles give rise to new emergent arts-based methodologies for developing and practising place-responsive pedagogies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 27.2 (2003) 480-484 [Access article in PDF] The Raymond Tallis Reader, edited by Michael Grant; xxx & 382 pp. Houndmills: Palgrave Macmillan, 2000, $79.95. For some people, the name Raymond Tallis evokes theoretical controversy, oversimplified arguments, biting rhetoric, and bruised egos. For others, like the editor of The Raymond Tallis Reader, Michael Grant, he is a twenty-first-century man of Enlightenment who has the vision and the (...) courage to reveal the foibles of poststructuralist literary and cultural theory. It should come as no surprise that an overview of his work so far shows that both of these views are justified, though incomplete.This selection of Tallis's writings draws on most of his published works, aside from his clinical writings. Texts range from philosophical investigations into the nature of consciousness to close methodological critiques of poststructuralist (or what Tallis also calls post-Saussurean) theory. He has consistently argued that that such theories are fundamentally flawed by relativism, obscurantism [End Page 480] and anti-humanist concepts (such as the language-bound subject), and many of his views are shared by scholars such as Wendell V. Harris (Beyond Poststructuralism and Literary Meaning) and Paisley Livingston (Literary Knowledge). "It is poststructuralism," Tallis writes, "that has brought to a climax the anti-rationalist, anti-individualist and, indeed, anti-humanist strains of the Counter-Enlightenment thought" (p. 152). Tallis has done a valuable service in expressing the most common objections to such theorizing with clarity and vigor, and The Raymond Tallis Reader is useful in collecting his arguments in a single volume, with Grant's prefaces to each reading providing a clear view of the main points. The collection does, however, also bring into focus some of the problems involved in Tallis's critiques. He is an admirable synthesizer of thought, but does occasionally fall into the trap of unsupported generalizations he spends so much effort in trying to eradicate in the writings of others.The first of section of the book focuses on Tallis's conception of "the explicit animal," on rescuing the idea of consciousness and rational will from scientistic neurological theories. Such views may come as a surprise to those readers who have come to know Tallis as the champion of Enlightenment thinking. He argues, however, that even though neurology has been in many ways invaluable, it has not been able to explain the synchronic and diachronic unity of the self, which collects the various impulses experienced by a human being and which preserves a connection between them over time.The second section brings together writings concerning the nature of language. Again, the central concept is explicitness: Tallis emphasizes the way human language differs from animal signaling systems or natural signs by virtue of being composed of explicit signs—signs in the Saussurean sense of combining a signifier with a signified in an arbitrary fashion. What he absolutely denies, however, is that such a system of signs would be completely cut off from reality: "Because words do not mirror the world, it does not follow that discourse is cut off from the world" (p. 134). Those theorists who have taken the step from defining the relationship between the signifier and the signified as arbitrary to declaring the relationship between reality and the sign as a whole to be equally arbitrary, have moved from Saussurean theories to what Tallis calls post-Saussurean thinking. His main objection lies in the way such theories deny the existence and efficacy of individual, explicit and conscious human selves: "Our contemporary anti-Enlightenment figures see society, or one of its proxies such as history, socially mediated instincts or language, as being anterior to, and transcending, the individuals that make it up.... The post-Saussureans... saw selves vanish completely into nodes in sign systems or soluble fish in a boundless sea of discourse" (pp. 148-49). Tallis particularly opposes the Lacanian view of the language-bound psyche. When discussing Lacan's mirror stage he attacks not only Lacan's obscurantist style and undefined terminology, but also the self-contradictory and empirically unsupported theory of the child's entry into the Symbolic... (shrink)

Berent (this issue) critiques one of the three main proposals put forward by Carruthers (this issue), who suggests that cognitive scientists are biased against innateness-claims by the tacit assumptions of the mentalizing faculty. Berent proposes, instead, that the bias results from dissonance produced by a conflict between our innate dualism and our innate essentialism. The present response raises a number of difficulties for her argument.

P. Kyle Stanford - The Manifest Connection: Causation, Meaning, and David Hume - Journal of the History of Philosophy 40:3 Journal of the History of Philosophy 40.3 339-360 The Manifest Connection: Causation, Meaning, and David Hume P. Kyle Stanford 1. Introduction exciting recent hume scholarship has challenged the traditional view that Hume's theory of meaning leads him to deny the very intelligibility or coherence of supposing that there are objective causal powers or intrinsic necessary connections between causally related entities. Influential (...) recent interpretations have variously held that Hume himself accepted the existence of such powers and connections, that he was genuinely agnostic about them, or that he denied their existence while nonetheless holding it to be a perfectly coherent possibility, indeed one that we routinely think actual. In this paper I will argue against all three of these lines of interpretation and in favor of what I consider a neglected alternative: that Hume rejects the existence of objective necessary connections or causal powers as literally incoherent or meaningless, but on subtle and sophisticated semantic grounds, rather than simplistic ones. I find support for this semantic reading and against the alternatives not only in passages whose significance to the debate is widely appreciated, but also in Hume's discussions "Of Liberty and Necessity" and "Of the Immateriality of the Soul." The.. (shrink)

Accidental infringement of copyright is a pervasive and largely ignored problem. In the twenty-first century, it has become increasingly easy to infringe copyright unintentionally. When such accidental infringement occurs, copyright law holds the user strictly liable. Prior literature has questioned whether the strict liability standard is normatively defensible. In particular, prior literature has asked whether the strict liability standard ought to be reformed for economic reasons. This Article examines the accidental infringement problem from a new perspective. It considers whether it (...) is fair to hold copyright users strictly liable for accidental infringements of copyright. This Article argues that the strict liability standard is not fair because it results in copyright users being held liable for accidents for which they are not morally responsible. Using the moral philosophy literature on responsibility, this Article explores our intuitions surrounding copyright’s liability standard in order to better understand why strict liability in this context seems “harsh” and “inequitable.” In turn, this provides an argument for reforming copyright’s liability rule and adopting a negligence standard. This Article then argues that, within the United States, the proposed reform to copyright’s liability rule should be accomplished by modifications to the existing fair use doctrine. (shrink)

Accidental infringement of copyright is a pervasive and largely ignored problem. In the twenty-first century, it has become increasingly easy to infringe copyright unintentionally. When such accidental infringement occurs, copyright law holds the user strictly liable. Prior literature has questioned whether the strict liability standard is normatively defensible. In particular, prior literature has asked whether the strict liability standard ought to be reformed for economic reasons. This Article examines the accidental infringement problem from a new perspective. It considers whether it (...) is fair to hold copyright users strictly liable for accidental infringements of copyright. This Article argues that the strict liability standard is not fair because it results in copyright users being held liable for accidents for which they are not morally responsible. Using the moral philosophy literature on responsibility, this Article explores our intuitions surrounding copyright’s liability standard in order to better understand why strict liability in this context seems “harsh” and “inequitable.” In turn, this provides an argument for reforming copyright’s liability rule and adopting a negligence standard. This Article then argues that, within the United States, the proposed reform to copyright’s liability rule should be accomplished by modifications to the existing fair use doctrine. (shrink)

In the Ukrainian reality of the twenty-first century. The search for the dominant spiritual and national identity is one of the leading places. The dialogue between Catholicism, which is represented by the spiritual phenomenon of the Vatican, and by Ukraine, one of the countries not only of the Greek Catholic, but also of the Orthodox tradition, with a distinct national-cultural specificity, is, in our opinion, the semiosphere where the answers to many challenges of the present and the future. But such (...) answers are difficult to find if the sine era et studio does not analyze the key trends in the development of the Ukrainian Orthodox Church by examining it, without looking back at the stereotypes of the identification of Ukrainian spiritual thinking and being with the imperially secular tradition. The most suitable method for this task is the comparative methodology, which examines the basic ideological characteristics of the ideological world of Orthodox thinkers - from Ivan Vyshensky and to thinkers and spiritual prophets of the Second Cathedral of the UAOC. (shrink)

kn. 1. Poni︠a︡tti︠a︡ osvity: zmist ta predmetne pole -- kn. 2. Strukturno-funkt︠s︡ionalʹnyĭ analiz osvity -- k. 3. Ekzystent︠s︡iĭnyĭ prostir osvity -- kn. 4. Ukraïnsʹka osvita: istorii︠a︡ stanovlenni︠a︡, rozvytok, modernizat︠s︡ii︠a︡ -- kn. 5. Statti ta interv'i︠u︡.

This article examines the origin of experiential organization, especially whether it is salient or selective. Aron Gurwitsch believes it is salient and William James that it is selective. I argue that Gurwitsch is right, and recount his argument and his critique of James, but I also pose my own critique and critical questions on the issue. -/- Gurwitsch's argument attempts to show that the organization of consciousness is not arbitrary or merely selected in some way by the subject. He claims (...) that when consciousness is organized it is found as already organized. -/- This is important for Gurwitsch's philosophical system because if he can establish that consciousness is always originally organized, then his famous claim that the theme, thematic-field, margin structure of consciousness is an invariant patterning impervious to the subject's whim, mood, or possible noetic training, is protected at the very start. (shrink)

Im Zentrum des Werkes von Michael Oakeshott (1901-1990) steht die Frage nach der Vernunft der Praxis und der Praxis der Vernunft. Dieses klassische Thema der praktischen Philosophie, das heute im Hintergrund verschiedener Debatten in Philosophie und Politikwissenschaft steht, leitete Oakeshott in seiner Auseinandersetzung mit der modernen Politik. Die in dem Sammelband vereinigten Beitrage bieten einen Uberblick uber die internationale Forschungslage; ihr gemeinsamer Angelpunkt ist Oakeshotts Praxisbegriff: Diskutiert wird seine praktische Bedeutung im Durchgang durch die grundlegenden politischen und gesellschaftlichen Problemfragen der (...) Gegenwart, seine theoretische Leistungsfahigkeit ist Gegenstand vergleichender Perspektiven, die vor allem die deutschen Zeitgenossen wie H. Arendt, H.-G. Gadamer, G. Simmel oder L. Strauss einbeziehen. Der vorliegende Band unternimmt es, die seit mehr als zwei Jahrzehnten intensiv gefuhrte, vor allem angelsachsische Debatte um Oakeshotts Denken in die einschlagigen deutschen Diskussionen zu tragen und die Anknupfungspunkte sichtbar zu machen, die sein facettenreiches Werk fur die Verstandigung uber eine humane Praxis in den Konflikten des 21. Jahrhunderts bietet. Mit Beitragen von: Josiah Lee Auspitz, Michael Becker, Wendell John Coats Jr., Peter Finn, Jurgen Gebhardt, Steven A. Gerencser, Michael Grossheim, Michael Henkel, Hans Jorg Hennecke, Bart van Klink, Silviya Lechner, Oliver W. Lembcke, Kenneth B. McIntyre, Efraim Podoksik, Rainer Schmidt, Suvi Soininen, Judith A. Swanson, Martyn P. Thompson. (shrink)

1. The Tractatus doctrine of saying and showing In a letter to Russell dated 19.4.1919, written shortly after he had finished the Tractatus, Wittgenstein told Russell that the main contention of the book, to which all else, including the account of logic, is subsidiary, ‘is the theory of what can be expressed (gesagt) by prop[osition]s -- i.e. by language -- (and, which comes to the same, what can be thought) and what cannot be expressed by prop[osition]s, but only shown (gezeigt); (...) which I believe is the cardinal problem of philosophy’ (CL 68). This was emphasized in both preface and conclusion of the book. The preface observes that the whole sense of the book can be summed up in the following words: ‘what can be said at all can be said clearly, and what we cannot talk about we must pass over in silence’ (TLP p.3). The conclusion of the book (TLP 7) simply repeats this. The preceding three remarks, however, are noteworthy. They make three claims. First, ‘There are, indeed, things that cannot be put into words. They make themselves manifest. They are what is mystical’ (TLP 6.522). This reiterates the leitmotif of the book, namely that there are things that cannot, by the very nature of representation, be said. But though they cannot be said, they are shown by features of the relevant system of representation. Secondly, the correct method in philosophy would really be to say nothing except what can be said, i.e. empirical propositions that have nothing to do with philosophy, and then, when someone wanted to say something metaphysical, to demonstrate to him that he had failed to give meaning to certain signs in his propositions (TLP 6.53). This method, of course, is not the method that has been followed throughout the book, which consists almost exclusively of modal assertions concerning what must, can or cannot be thus and so in reality, in language and in the relation between language and reality.. (shrink)

The Upanishads reveal that in the beginning, nothing existed: “This was but non-existence in the beginning. That became existence. That became ready to be manifest”. (Chandogya Upanishad 3.15.1) The creation began from this state of non-existence or nonduality, a state comparable to (0). One can add any number of zeros to (0), but there will be nothing except a big (0) because (0) is a neutral number. If we take (0) as Nirguna Brahman (God without any form and attributes), then (...) from where and how did the universe come into existence? -/- The neutral power (0) cannot produce anything without having an element of duality in it. Although Nirguna Brahman is neutral, it has a positive, negative, and neutral pole, constituting its Prakriti or nature. Prakriti has three latent Gunas (modes or qualities): Satva, Rajas, and Tamas. They are related to Gyana Shakti (the power of knowledge) Sankalpa Shakti (the power of ideation), and Kriya Shakti (the power of action). Science says that Atom is the basic element from which the universe evolved. The Atom has three nuclei- electron, pluton, and neutron. The Satva, Rajas, and Tamas in Indian spirituality are nothing but the mystical names for the nuclei of an atom. -/- According to Bhagavata Purana, Prakriti is also constituted of the elements of Time, Karma (action/destiny) and Swabhava (innate nature). Time disturbs the equilibrium of Gunas. From the aspect of Karma is produced an entity called Mahat, in the form of intelligence. Mahat is dominated by Satva and Rajas. From Mahat manifests the next evolute dominated by Tamas with three predominant qualities – Dravya (substance), Kriya (action), as well as intelligence. It forms to become the Ego principle (Ahamkara). -/- Ahamkara has three modes – Satvic, Rajasic and Tamasic. Satvic is Jnana oriented, Rajasic action-oriented and Tamasic Dravya (substance) oriented. From the Tamasic Ahankara, five gross elements are produced (ether, air, fire, water, and earth - Akash, Vayu, Agni, Jal and Prithvi). From the Satvic Ahamkara, guardian deities (the sun and moon, deities of sense organs, and organs of action) and from Rajasic Ahamkara, ten senses (Indriyas), five senses of perception, five organs of action, the faculties of intellect and Prana (life breath) are produced. -/- Bhagavata says that since these energies, elements, and faculties remained disassociated, they were combined to form a Cosmic Egg. The egg floats in the primal waters for a thousand years. Then God enters this Cosmic Egg and manifests himself as the Cosmic Purusha. He is the first nucleus, the God particle equivalent to the number (1) which is the embodiment of everything in the universe. The concept of creation and dissolution in Hinduism can be compared to the waves in an ocean that appear and disappear incessantly. The Manvantaras are such successive episodes of creation emerging from the Cosmic Person, the Manu who is embodied God-Consciousness, God himself. These episodes of creation are measured in Hinduism in terms of Manvantaras, the epochs of Manus. -/- Manu is the ‘First-Born’ (1) of God, the Cosmic Purusha from whom the world has originated. This Cosmic Person (Purusha) has been described as having fourteen biospheres (heavens) that are inhabited by various life forms in the order of evolution of consciousness. If we begin from the human biosphere (Bhuloka), there are ten astral biospheres that a man must transcend to attain liberation or Mukti from the cycle of births and deaths. -/- The number (1) produces the primary numbers up to (9) through the transmutation of the creational energies and qualities. The process can be related to the descent and cyclical evolution of (1) through ten spiritual stages, finally merging with the nondual (0). The number (10) marks the merger of (1) with (0). The Hindu worldview is that all life forms in an episode of creation must evolve to become one with the non-dual state (0) to attain liberation from the cycle of births and deaths in a cyclical process. -/- . (shrink)

A woman and a man desire to come together stirred by the primal fire of Kama and the man deposits his egg in the womb of the woman. This egg develops into a human undergoing nine or ten months of evolution. This process is the microscopic replication of the method evolved by God to create the universe. Rigveda (10.121) mentions Hiranyagarbha, the Golden Egg as the source of the creation of the universe. It is said that God, wishing to create (...) the world, produced an egg as big as the cosmos. God meditated for a thousand years sitting inside the egg and when the egg burst, the Lord himself was born out of the egg as the Progenitor of the universe (“He made Himself by Himself.”, Taitiriya Upanishad: 2.7.1). The Rishis called the Egg Brahmanda (the Cosmic Egg), and the Progenitor Manu. Scientists have discovered that the universe has an oval shape. Like the nine months of the evolution of the human egg, the Cosmic Egg also undergoes nine stages of evolution before it gets dissolved during what we call ‘Maha Pralaya’. The Puranas mention that Brahmanda has 14 biospheres, seven nether and seven upper inhabited by different types of souls. If we count from the human world, there are ten dimensions of consciousness. Rishis called these astral biospheres Mandalas/Lokas with different wavelengths and colours. Sri Karunakara Guru referred to them as Avasthas, or spiritual stages. The Buddhists and Hindu esoteric sects such as the Theosophical Society explain these levels of the Absolute in terms of Physical plane, Astral plane, Mental plane, Buddhic plane, Atmic plane, Anupadaka plane, Adi plane and Shiv and Shakti. These Avasthas are related to the expanding consciousness reaching up to the core of the Cosmic Egg, the Paramatma. Like a spider which creates a web around it sitting in the centre, and withdraws it in the end, Paramatma creates and withdraws webbed multi-dimensional universes. Nobody can say when it started and when it will end as it is a beginningless and endless process. (shrink)